Is there any case law where a prosecutor properly told a jury that mitigation was a factor in aggravation rather than aggravation?
California, United States of America
The following excerpt is from People v. Hamilton, 259 Cal.Rptr. 701, 48 Cal.3d 1142, 774 P.2d 730 (Cal. 1989):
24 In People v. Howard, supra, 44 Cal.3d 375, 435, 243 Cal.Rptr. 842, 749 P.2d 279, we noted with approval that the prosecutor properly informed the jury that "you don't count the number of items or the factors in mitigation and say that there were three or four or eight or ten and only one in aggravation, or the other way around."
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